Berger v. Burl et al

Filing 83

ORDER adopting 78 Partial Recommended Disposition. Mr. Berger's 26 and 64 Motions for Summary Judgment, and the Defendants' 43 Motion for Summary Judgment on exhaustion are denied. Signed by Judge James M. Moody Jr. on 2/28/2017. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
RUSSELL BERGER,
ADC #115855
V.

PLAINTIFF

CASE NO. 5:15-CV-262-JM-BD

DANNY BURL, et al.

DEFENDANTS
ORDER

The Court has received a Partial Recommended Disposition (“Recommendation”)
filed by Magistrate Judge Beth Deere. After careful review of the Recommendation, the
timely objections, as well as a de novo review of the record, the Court concludes that the
Recommendation should be, and hereby is, approved and adopted as this Court’s findings
in all respects. The record is clear that, regardless of the characterization of evidence as
being false or conflicting or of the ADC Defendants’ responses to Mr. Berger’s statement
of facts as being disingenuous, questions of fact remain that preclude the granting of the
ADC Defendants’ motion for summary on exhaustion.1
Mr. Berger’s motions for summary judgment (docket entries #26 and #64) and the
Defendants’ motion for summary judgment on exhaustion (#43) are DENIED.
IT IS SO ORDERED, this 28th day of February, 2017.
________________________________
UNITED STATES DISTRICT JUDGE

1

Magistrate Judge Deere’s order inviting the ADC Defendants to supplement their motion
(Document No. 55) spells out the questions of fact remaining.